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BGB 305. 2 Standard business terms only become a part of a contract if the user , when entering into the contract , refers the other party to the contract to them explicitly or , where explicit reference , due to the way in which the contract is entered into , is possible only with disproportionate difficulty , by posting a clearly visible notice at the place where the contract is entered into , and gives the other party to the contract , in an acceptable manner , which also takes into reasonable account any physical handicap of the other party to the contract that is discernible to the user , the opportunity to take notice of their contents , and if the other party to the contract agrees to their applying .
BGB 312b. 2 Means of distance communication are means of communication which can be used to initiate or to enter into a contract between a consumer and an entrepreneur without the simultaneous physical presence of the parties to the contract , including without limitation letters , catalogues , telephone calls , faxes , emails , and radio , teleservices and media services .
BGB 832. 1 A person who is obliged by operation of law to supervise a person who requires supervision because he is a minor or because of his mental or physical condition is liable to make compensation for the damage that this person unlawfully causes to a third party . Liability in damages does not apply if he fulfils the requirements of his duty to supervise or if the damage would likewise have been caused in the case of proper conduct of supervision .
BGB 1572 A divorced spouse may demand maintenance of the other , as long as and to the extent that , from the date of the divorce , of the end of the care or upbringing of a child of the spouses or of the end of training , further training or retraining , or of the lapse of the requirements for a claim to maintenance under section 1573 onwards no gainful employment may be expected , by reason of illness or other infirmities or weakness of his physical or mental capacity .